PC Summary 05-24-05
City of Cupertino
10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308
To:
Mayor and City Council Members
From:
Steve Piasecki, Director of Community Development
Date:
May 25, 2005
Subj:
REPORT OF PLANNING COMMISSION DECISIONS MADE
May 24, 2005
Chapter 19.32 of the Cupertino Municipal code provides for
a eaI of decisions made b the Plannin Commission
1. Application
ASA-2005-04; John Tang (San Jose Water Co.), Regnart Road
Description
Architectural and Site Approval for a security fence for an existing water tank.
Action
The Planning Commission approved the application on a 4 - 0 - 1 vote. (Giefer
abstained)
The fourteen-calendar day appeal will expire on June 7, 2005.
Enclosures:
Planning Commission Report of May 24, 2005
Planning Commission Resolution No. 6301
g:planning/Post Hearing/summary to cc05-25-05
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
FAX (408) 777-3333
Communzty Development Department
CITY OF
CUPEIQ1NO
May 25, 2005
John Tang
San Jose Water Company
1265 S. Bascom Avenue
San Jose, CA 95128
SUBJECT: PLANNING COMMISSION ACTION LETTER - ASA-2005-04
This letter confirms the decision of the Planning Commission, given at the
meeting of May 24, 2005, approving an architectural and site approval for a
security fence for an existing water tank, located on Regnart Road, according to
Planning Commission Resolution No. 6301.
Please be aware that if this permit is not used within a two-year period, it shall
expire on May 24, 2007.
Also, please note that an appeal of this decision can be made within 14 calendar
days from the date of this letter. If this happens, you will be notified of a public
hearing, which will be scheduled before the City Council.
Sincerely,
(~'¡(~CL! 7t)næU/
Ciddy Wordell
City Planner
Cc : San Jose Water Company, 374 W. Santa Clara Street, CA 95196
gjplanning/post hearing/actionletter a5a-2005-04
Printed on Recycled Paper
ASA-2005-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6301
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING ARCHITECTURAL AND SITE APPROVAL FOR A SECURITY FENCE
FOR AN EXISTING WATER TANK LOCATED ON REGNART ROAD
SECTION I: PROTECT DESCRIPTION
Application No(s):
Applicant:
Location:
ASA-2005-04
John Tang (San Jose Water Co.)
Regnart Road
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The proposal, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The proposal will use materials and design elements that compliment neighboring
structures;
4. The proposal conforms with the design guidelines and standards of the Heart of
the City Specific Plan;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application ASA-2005-04
Resolution No. 6301
Page 2
ASA-2005-04
May 24, 2005
set forth in the Minutes of the Planning Commission meeting of May 24, 2005, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled: Regnart Station Security Fencing," dated
5/19/05 and consisting of 1 sheet, except as may be amended by the conditions
contained in this approval.
2. FENCE MATERIAL
Replacement fencing for the south boundary shall be a dark vinyl, chain-link material.
3. FENCE INSTALLATION
The fence shall be installed within 30 days of approval.
PASSED AND ADOPTED this 24th day of May 2005, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
I sl Steve Piasecki
Steve Piasecki
Director of Community Development
Isl Gilbert Wong
Gilbert Wong, Chairperson
Cupertino Planning Commission
G:\Planning\PDREPORT\ RES\ ASA-200S-04 res.doc
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Location:
ASA-2005-04 Agenda Date: May 24, 2005
John Tang (San Jose Water Company)
Regnart Road
Application Summary: Architectural and site approval for a security fence for an
existing water tank
RECOMMENDATION
Staff recommends the Planning Commission take the following action:
. Approve ASA-2005-04 subject to the model resolution.
BACKGROUND
The San Jose Water Company owns and operates a water storage facility near
Regnart Road and Lindy Lane. (See Exhibit A aerial.) The facility consists of two
tanks. One was built in 1959 and holds 10.6 million gallons. The other was built in
1962 and contains 10.2 million gallons. This facility serves two zones within the
company's service area. The two zones encompass approximately seven square
miles and serve approximately 45,000 individuals in Cupertino (south of Stevens
Creek Blvd), west San Jose and a small portion of Saratoga.
The Planning Commission held a public hearing on the security fence at its April
26, 2005 meeting. The item was continued to allow the applicant and the neighbors
to work together to see if they can reach a compromise.
The Planning Commission report of April 26 is enclosed to provide additional
background information.
DISCUSSION
The San Jose Water Company has modified its proposal. Their current proposal is:
Þ North and east fence boundaries - move fence down to the bottom of the
slope
Þ South boundary fence - remain as originally proposed (lower the fence
approximately 25-35 feet down the slope to reduce visual impacts)
Þ West boundary - remain as installed
Þ The current chain-link fence at the top of the reservoir will be reused to erect
the new fence.
The enclosed photographs and site plan depict this proposal. Staff supports the
proposal since it appears to address the neighbors' concerns, in that the fence will
ASA-2005-04
2
not be visible to the north and east elevations. The west boundary fence is at the
top of the tank, which is the preference of the neighbors in that area. Staff
recommends that the south boundary fence be vinyl-clad, since it will be visible to
adjacent neighbors.
Submitted by: Ciddy Wordell, City Planner .
Approved by: Steve Piasecki, Director of Community Developme~
Enclosures:
Model Resolution (ASA-2005-04)
Planning Commission Report, April 26, 2005
Exhibit A - Aerial map
Exhibit B - Photograph of current fence (prior to removal of razor wire)
Exhibit C - San Jose Water Company letters
Exhibit D- View points of water facility
Exhibit E - Photographs of proposed north, east and south boundary fence
(revised)
Plan Set (revised)
G:planningj pdreportj asaj ASA-2005-04-2 SR
ASA-2005-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING ARCHITECTURAL AND SITE APPROVAL FOR A SECURITY FENCE
FOR AN EXISTING WATER TANK LOCATED ON REGNART ROAD
SECTION I: PROTECT DESCRIPTION
Application No(s):
Applicant:
Location:
ASA-2005-04
John Tang (San Jose Water Co.)
Regnart Road
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The proposal, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The proposal will use materials and design elements that compliment neighboring
structures;
4. The proposal conforms with the design guidelines and standards of the Heart of
the City Specific Plan;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application ASA-2005-04
Resolution No.
Page 2
ASA-2005-04
May 24, 2005
set forth in the Minutes of the Planning Commission meeting of May 24, 2005, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled: Regnart Station Security Fencing," dated
5/19/05 and consisting of 1 sheet, except as may be amended by the conditions contained
in this approval.
2. FENCE MATERIAL
Replacement fencing for the south boundary shall be a dark vinyl, chain-link material.
3. FENCE INSTALLATION
The fence shall be installed within 30 days of approval.
PASSED AND ADOPTED this 24th day of May 2005, at a Regular Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Gilbert Wong, Chairperson
Cupertino Planning Commission
G:\ Planning\PDREPORT\ RES\ASA-200S-04 res.doc
CITY OF CUPERTINO
10300 Torre Avenue, Cupertino, California 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT FORM
Application:
Applicant:
Property Location:
ASA-2005-04 Agenda Date: April 26, 2005
John Tang (San Jose Water Company)
Regnart Road
Application Summary: Architectural and site approval for a security fence for an
existing water tank
RECOMMENDATION
Staff recommends the Planning Commission take the following action:
. Approve ASA-2005-04 subject to the model resolution.
BACKGROUND
The San Jose Water Company owns and operates a water storage facility near
Regnart Road and Lindy Lane. (See Exhibit A aerial.) The facility consists of two
tanks. One was built in 1959 and holds 10.6 million gallons. The other was built in
1962 and contains 10.2 million gallons. This facility serves two zones within the
company's service area. The two zones encompass approximately seven square
miles and serve approximately 45,000 individuals in Cupertino (south of Stevens
Creek Blvd), west San Jose and a small portion of Saratoga.
The General Plan designation is Quasi-public and the zoning is Al-43. The
reservoir is a conditional use in the A-I zone. This water storage facility does not
have a use permit and is a legal, non-conforming use.
The San Jose Water Company installed a 6-foot, chain-link security fence around
the top of the tank in the fall of 2004. Neighbors contacted the City with concerns
about the visibility and aesthetics of the fence. For many neighbors, the fence is
silhouetted against the sky, and was particularly noticeable because of the shiny
metal and razor wire (see Exhibit B). Staff informed the Water Company that
architectural review is required to install the fence. The Water Company held two
neighborhood meetings in January and March, respectively, to better understand
the neighbors' concerns and preferences regarding the fence location and design.
They also removed the razor wire on the top of the fence.
DISCUSSION
Water tank security
The San Jose Water Company provided background on the need for enhanced
security for water facilities (Exhibit C). They determined that the proposed fence
meets their security needs by deterring and delaying intruders. Their current
security system consists of perimeter fencing, motion detector beams and tamper
ASA-2005-04
2
beam alarms on various openings to the reservoir and other facility appurtenances.
The proposed security fence will include a motion sensor.
Fence location and design
The San Jose Water Company proposes to modify the current location of the fence
to address neighbors' concerns, while meeting their security needs. Their
assessment of the neighbors' preferences is:
Þ West and north elevation -leave the fence in its current location.
Þ Northeast corner -leave the fence in its current location (alternate 1). Lower
the fence below the trees, in response to adjacent property owners (alternate
2).
Þ East elevation - lower the fence approximately 30-35 feet down the slope
from the current location to reduce visual impacts.
Þ Southeast corner -lower the fence around stairs to reduce visibility.
Þ South elevation - lower the fence approximately 25-35 feet down the slope
to reduce visual impacts.
The San Jose Water Company states that they are confident that they have reached
a solution that is acceptable with the neighbors while allowing them to maintain
security. However, it is difficult to determine an exact consensus of adjacent
property owners, since not all of the property owners participated in the meetings,
and there were differences among those who did participate. For example, some
may want the fence lower so that it is not silhouetted against the sky, while others
prefer it at the top of the tank to maintain distance between their rear properties
and the fence.
Assuming it is the wish of the majority of the east and south property owners to
lower the fence, staff believes it should be lowered further to reduce visual
impacts. The San Jose Water Company is reluctant to place their fence too close to
rear-yard fences (see April 7 letter). However, staff believes that it could be lower
and still be visible to meet their security needs. In addition, staff does not believe
that a large lateral clearance between fences is a significant issue, in that anyone
with a ladder could easily use it to climb over the fence, with no advantage to
being able to breach the distance by placing the ladder over the two fences.
Staff supports the San Jose Water Company's proposal with the following
conditions:
Þ Alternate 1 for the northeast corner shall be implemented, unless there is
clear testimony to the contrary by affected neighbors.
Þ The east fence location shall be lowered to reduce its visibility; the top foot
of the fence may be visible from the rear properties to provide improved
security.
Þ Replacement fencing shall be a dark vinyl, chain-link material.
ASA-2005-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
MODEL RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING ARCHITECTURAL AND SITE APPROVAL FOR A SECURITY FENCE
FOR AN EXISTING WATER TANK LOCATED ON REGNART ROAD
SECTION I: PROTECT DESCRIPTION
Application No(s):
Applicant:
Location:
ASA-2005-04
John Tang (San Jose Water Co.)
Regnart Road
SECTION II: FINDINGS
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more
public hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application;
and has satisfied the following requirements:
1. The proposal, at the proposed location, will not be detrimental or injurious to
property or improvements in the vicinity, and will not be detrimental to the public
health, safety, general welfare, or convenience;
2. The proposal is consistent with the purposes of this chapter, the General Plan, and
zoning ordinance;
3. The proposal will use materials and design elements that compliment neighboring
structures;
4. The proposal conforms with the design guidelines and standards of the Heart of
the City Specific Plan;
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence
submitted in this matter, the design review application is hereby approved subject to the
conditions which are enumerated in this Resolution beginning on page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution
are based and contained in the public hearing record concerning Application ASA-2005-04
Resolution No.
Page 2
ASA-200S-04
April 26, 2005
set forth in the Minutes of the Planning Commission meeting of April 26, 2005, and are
incorporated by reference as though fully set forth herein.
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPT.
1. APPROVED EXHIBITS
Approval is based on the plan set entitled: Regnart Station Security Fencing," dated
3/18/05 and consisting of 1 sheet, except as may be amended by the conditions contained
in this approval.
2. FENCE LOCATION AND DESIGN
Alternate 1 for the northeast corner shall be implemented, unless there is clear testimony
to the contrary by affected neighbors. The east fence location shall be lowered to reduce
its visibility; the top one-foot of the fence may be visible above the fence tops of the rear
properties to provide improved security. Replacement fencing shall be a dark vinyl,
chain-link material.
rA;:'~J:,U Al'\lU i\.UVY Inu nus ""QUI uay or f'\prll LUU:J, a{ a l'\egular iVleenng or {fie rlannlng
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
ATTEST:
APPROVED:
Steve Piasecki
Director of Community Development
Gilbert Wong, Chairperson
Cupertino Planning Commission
G: \ Planning\PDREPORT\ RES\ASA-200S-04 res.doc
1.:111 San Jose
Water
Company
EXHIBIT C
RECF
MAH 2 ::¡ ¿UlIJ
374 West Santa Clara SI.
San Jose, CA 95196-0001
BY;
March 21, 2005
Ciddy Wordell
City Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Re: Regnart Facility Security Fencing
Dear Ms. Wordell:
Enclosed are three (3) copies of the site plan and photographs showing San Jose Water
Company's (SJWC) proposed final location for the security fence at the subject facility.
The proposed measure is in response to the events of September 11 and the subsequent
Public Health Security and Bioterrorism Response Act of 2002 requiring water utilities to
reassess and where necessary improve security measures. As required by law, the
Vulnerability Assessment employs the Risk Assessment Methodology for Water (RAM-
W) developed jointly by the Department of Energy's Sandia National Laboratories and
the American Water Works Association Research Foundation. SJWC's first priority is to
protect the safety and security of our consumers and employees, and we believe the
proposed measure is key to helping us achieve that goal.
The Vulnerability Assessment identified four key objectives to assess the effectiveness of
security systems. These objectives include the abilities to:
· Deter
· Delay
· Detect
· Respond
The Vulnerability Assessment further concluded that concrete water basins, including
Regnart, are critical facilities requiring enhanced security measures. Concrete water
basins (see attached photo), by their very design, are more susceptible to security
breaches than today's modern steel water tanks.
The Regnart facility is a key component of SJWC's system that serves approximately one
million people throughout the Santa Clara County. After a thorough evaluation of the
risks and available security measures, we strongly believe the new fence represents the
Ms. CiddyWordell
March 21, 2005
Page 2
best combination of available technology and is a key component of a comprehensive
security system, procedures, and devices designed to safeguard the public drinking water
supply. The proposed fence was designed to meet the objectives of the Vulnerability
Assessment by deterring intruders, delaying trespassers, detecting their presence, and
allowing time for SJWC security personnel and law enforcement agencies to respond.
Over the past three months, we have received feedback from and have met with
interested neighbors of the Regnart facility with the goal of resolving their concerns over
the fence's visual impacts. After our meeting with the group on March 15,2005, I am
confident that we have reached a solution that is acceptable with our good neighbors
while allowing us to maintain the level of security we believe is necessary to protect !he
integrity and safety of the public water supply. The soluIion encompasses the following
components and is reflected on the attached plans:
· The western (Lindy Lane) and northern (Terrace Street) boundaries of the current
fence will remain in place.
· The eastern boundary has been relocated further down the slope to minimize its
aesthetic impacts.
· The fence configuration around the stairway access was altered based on feedback
trom our neighbors.
· The replaced portions of the fence (eastern and southern boundaries) will have
either black or green vinyl clad chain-link to minimize glare and visual impacts.
The plan also shows two alternatives for the portion of fence in the northeast comer of
the facility. This area is heavily vegetated, severely sloped, and contains three (3) large
oak trees. Based on the feedback we received about this location, the two different
alignments proposed for this area were designed to minimize the fence's visual impact
while allowing the trees to be preserved in their current condition. We will accept either
alignment based on the wishes of the Planning Commission and residents.
SJWC's first priority is and always will be to protect the safety and security of our
consumers and employees. In these days and times, we must be more vigilant about
providing the public with a safe and reliable water supply.
I look forward to meeting with you and the other Planning Commission members on
April 12.
1.:111 SanJose
Water
Company
374 West Santa Clara St
San Jose, CA 95196~0001
April 7, 2005
Ciddy Wordell
City Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Re: Revised Security Fencing Plan
Regnart Facility
Dear Ms. Wordell:
I am enclosing three (3) copies of the revised site plan showing the location of the
proposed eastern boundary fence.
As communicated to you, the original plans submitted on March 21 showed the
location of the proposed fence lower on the slope than that shown by the story
poles. The story poles were not surveyed in at that time because the plans had to
be submitted prior to your deadline to be put on the April 12 Planning
Commission meeting agenda. Since this project has been delayed until the April
26 meeting, I am sending you the revised plan.
The neighbors on the east side of the property have requested the location of the
fence to be lower than that shown by the story poles. Many have suggested
placing the fence at the bottom of the slope. SJWC did consider Ihis alignment
but have some reservations about the fence's effectiveness at this location. A
fence at the bottom of the slope would equate to a lateral clearance between the
proposed fence and our perimeter fence of approximately eight to ten feet, a
distance easily breached by a l5-foot ladder. Another concern we have with the
fence at the bottom of the slope is the reduced visibility to our neighbors
participating in the Neighborhood Eye on Water Security (NEWS) Program. Due
to the sloping topography, heavy vegetation, and redwood fences separating our
properties, an intruder cannot be easily seen at the bottom of the slope and this
situation reduces the effectiveness of both the fence and the NEWS Program.
Even though it is not specified on the plan, SJWC has agreed to use either green
or black chain-link fabric. The idea for this originated with the neighborhood
Ms. Ciddy Wordell
April 7, 2005
Page 2
group and is designed to minimize the visual impacts of the fence. No final
decision on the color has been made but we stand ready to use either color in
accordance with the neighborhood group's preference.
SJWC believes we have made an extremely concerted effort to satisfy the diverse
concerns of our neighbors while preserving our common goal of protecting the
public drinking water supply. We realize the fence will change the site's
aesthetics but we are also fully aware of the risks and consequences if aesthetics
and not security becomes the overriding goal. I look forward to meeting with you
and the other Planning Commission members on April 26 to resolve this issue.
We will accept, respect and abide by the Planning Commission's decision.
If you have questions or need additional infonnation, please feel ftee to contact
me at 408-279-7851.
Sincerely,
John B. Tang
Assistant Engineer
Enclosures
cc: Mark Lee
Mark Taonnina
2
EXHIBIT E
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VIEW OF PROPOSED SOUTHERN BOUNDARY FENCE
VIEW OF EXISTING NORTHERN BOUNDARY FENCE